Suresh Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30296 of 2018 Arising Out of PS.Case No. -245 Year- 2017 Thana -HARSIDHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Suresh Yadav, S/o Yadu Yadav,
2. Prabhulal Yadav @ Prabhulal S/o Late Baburam Lal,
3. Chandralal S/o Late Baburam Lal,
4. Satyendra Kumar Verma S/o Jagdish Prasad, All are R/o Vill.- Yadavpur, P.S.- Harsidhi, District- East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Sri Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-06-2018 The petitioners are apprehending their arrest in connection with Harsidhi P.S. Case No. 245 of 2017, registered for offences punishable under Sections 420, 467, 468, 471, 120(B), 323, 327, 427, 379, 504 and 506 of the Indian Penal Code. Allegation as per F.I.R is that petitioner no. 1had purchased the land from petitioner nos. 2 and 3 and petitioner no. 4 is the witness of sale deed and it is alleged that the land does not belong to petitioner nos. 2 and 3 rather the same belongs to the informant.
It has been submitted on behalf of the petitioners that land belongs to the petitioner nos 2 and 3 and they have sold their
Patna High Court Cr.Misc. No.30296 of 2018 (4) dt.26-06-2018 2/3 land to petitioner no. 1 and not the land of informant and all the petitioners have falsely been made accused in this case. Moreover, the dispute is purely of civil nature. Heard learned A.P.P. also.
Having heard both sides, in view of the above facts, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari, in connection with Harsidhi P.S. Case No. 245 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, as well as subject to the following conditions, it is further subject to the condition that:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioners shall cooperate in the investigation and make themselves available as and when required by the police and on
Patna High Court Cr.Misc. No.30296 of 2018 (4) dt.26-06-2018 3/3 the event of failure on their part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.
(Vinod Kumar Sinha, J) sunil/- U T